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  • guchi472000
    04-17 08:50 PM
    Hey Gurus,
    I am in confusion here.
    I applied for my I-485(EB2, PD= Dec,2006) in july 2007. I was married that time and my wife was in India. She didnt get delhi consulate appointment so i missed her while i applied for my I - 485. Now she is in US on H4 visa. I got RFE last month on my I 485 regarding employment verification. I have replied for RFE.

    My Question here is:-
    If I get my green card(that chances are very less because my PD are not current... but on safe side), How i can add her into GC or 485 stage.





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  • fasterthanlight�
    05-21 01:55 PM
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  • sammielee
    07-01 01:38 PM
    I already had my meeting for permanent residency and it remains pending until I submit to them a more detailed version (the long form) of my birth certificate. They did have my original but it was not the one they wanted and I was unaware of this until the end of my meeting. I have been given a deadline and although I have applied for the certificate that the US immigration wants, it has not yet been delivered. The hold up has not been with me but with the government offices that process the certificates so there has been nothing I could do. The deadline is fast approaching - I'm concerned that they will toss out my whole claim (as was indicated on the notification they gave me) if I don't get it to them on time. Will they allow me and extension on the time? I am not working through a lawyer. Thank you.





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  • gc_wannabe
    04-25 03:00 PM
    Hi- My stamping on my passport expired on Sep'2008 (over 19 months now). But, my I-797 is valid till Aug'2012. I plan to get my visa re-stamping done when I go to India in May'10.

    1. Will there be any issues?
    2. What am I supposed to say for this question in the visa application website?
    "Are you applying for the same class of visa which is currently valid or has expired within the past 12 months?*" (YES/NO)

    The VFS website says the following:

    "The following applicants do NOT qualify for appointments in the visa renewal category:

    Applicants who have a U.S. visa that expired more than 12 months ago.
    "

    Thanks.



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  • beavis
    08-10 08:02 PM
    We have the same situation. I am the primary and got my GC last July. Spouse still does not have it. We have a PD of Sep 2005 and 485 RD of Sep 2005. No idea what is happening. We also have contacted our Congressman, Senator, and done Infopass and SR. Our case was originally filed at VSC, transferred to TSC and is now at a "USCIS Office"





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  • mudigondag
    05-19 02:27 PM
    Friends;
    My EB3 AOS was filed in July, 2007.
    I have a valid H1 upto July, 2010 and my EAD expires September, 2010.
    My wife and daughter have valid H4 upto July, 2010 and their EAD expires September, 2010. Both have used EAD.
    APs are expiring in July 2010 for all of us.
    My employer has filed for H1 extension.
    I have couple of questions regarding my family�s statuses;
    1. If my wife and daughter do not want to renew their EADs/APs (or renewal gets delayed beyond September, 2010), what is their legal status in US as they don�t have a valid I-94?
    2. As they already used EADs, I think they are not eligible for H4 filing. Can someone confirm?
    3. Does anyone have experience of renewing Driving license without EAD or H4 during AOS?
    Thanks
    Venu



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  • belmontboy
    05-27 05:18 PM
    1.Is it mandatory to have a pending 485 application in order to get H1b
    extended beyond 6 years using I-140 approval?

    2.Do I need to be with the employer who filed PERM in order to get the H1b
    extended beyond 6 years using I-140 or can a new employer file for my
    extension using the approved I-140( without having a pending 485
    application ) ?

    Greatly apprecite any response...

    thanks

    There is a similar thread on this issue.

    http://immigrationvoice.org/forum/showthread.php?t=2204





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  • coolgc
    05-14 09:42 AM
    Hi,
    My PD is 2006 under EB-2 category. My family and I filed for GC on the same day. Now, I am planning to file a new I-140 under EB1. My kid is going to be 18 soon. What is the age limit for dependent to file for GC with the parents?
    Your reply is greatly appreciated.

    Thank you!



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  • chandrajp
    07-20 02:18 PM
    Can I take up a managerial position even though I am an analyst on the LC/I-140 etc.....??????????
    You cannot take a completely different responsibility job. I used AC21. The job has to have same responsiblities and designation can change. Salary can be little higher. I got 485 approved based on this AC21





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  • PirahnaTM
    03-30 04:36 AM
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  • leo2606
    07-19 10:00 PM
    is you will be paying double fees.USCIS will automatically deny 1 case when the other one is approved.

    I am in the same situation (but my PD is 1 year earlier than my wife) but I am just filing my case and holding of my wife's I-140.





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  • eb3retro
    07-08 08:47 AM
    Guys,

    Need some urgent help. I just efiled my AP for myself, my spouse and my child and when I was done doing it, I noticed that it generated a notice number starting LINXXXXXXX. My problem is this - when I originally filed my I-485 last year during july fiasco, I was located in CA. But currently I am in Texas. That was the address that I input in the application too. But I am not sure why it generated a receipt # with LIN number. May be it was because of the question as to where my 485 is currently pending. The reason I am worried is because, when I filed my EAD exten (thru my lawyer), he had mentioned that he sent the EAD application wrongly to Nebraska instead of sending it to Texas (since I am in texas now), he made me re-do the application and sent it to texas and got me a SRC number for EAD extn. Now, do you think that I am in the right path? Do I need to send the supporting documents to Nebraska or Texas? Or is my AP application fees gone for good. Please help, as this is making me worried too much. Thanks.



    anyone??? any thoughts???



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  • Tshelar
    11-06 10:40 AM
    Yes you can transfer based on the receipt number. There is not restriction on how many H1B petition can be filed on your behalf by different employers simultaneously. As long as you have no GAP in your paystubs during this transition you should be OK. I have gone through this experience in the past without any issue.





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  • mjdup
    07-26 11:34 AM
    One year for my labor had not elapsed and I had no other way to get the 8thyr extension so my attorney applied for the premium processing, it was applied on 16th and got it approved by 27th of June. If your labor has met the 1yr req. you could always apply for the 1yr extn, don't see why you won't be able to use the 1yr labor rule..hope this helps,



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  • asanghi
    06-22 02:18 PM
    If both I-94s belong to the same person then I think it is normal.

    I entered country last time in 2005. After that I have my H1 renewed twice both times I-94 number stayed the same. Same also goes for my wife. The renewed I-94 always carries the same number as the one you got while entering the country.





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  • frostrated
    08-05 09:38 AM
    you can work in your field of education for any company. however, they have to file for a transfer of H1 for you to continue working beyond the expiry of OPT.



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  • snathan
    02-23 06:59 PM
    I have a B.E in Electronics (4 years) and an PGDM in IT (2 years) from India but my I140 is denied on the basis that my PGDM School in India would accept 3 years undergrad and thus the education is not equivalent to M.S in US. I did send the educational evaluation along with I140 but the decision was made on the descretion on CIS.

    Please advice if I should refile with education evaluation from anothe agency.

    Its all depends on what you have in the PERM requirement. It shouldn’t be an issue when you have an B.E - 4 years. But the USCIS says the PGDM accepts 3 years bachelor also and I am not sure how that’s matter for your individual case. Talk to a competent attorney.

    They are not disputing your B.E but your PGDM...





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  • snathan
    08-18 11:24 PM
    Thanks.





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  • tabletpc
    12-01 11:35 AM
    Sorry to know u r situation. But remember not knowing rules is not an execuse with USCICS.

    1.Is it possible to do H1 transfer with one paystub if I somehow manage to get one from them(By lyin as in for bank loan)?

    When you apply for trasnfer you need 2-3 recent pay stubs. Pay stubs are asked to show you are indeed working and not out of status.


    2. Would I get any query on that? But one good explanation is I finished my MBs around the same time as I applied H1 and so I can explain it to USCIS but still I'm worried. Any body in smilar boat?

    Usually transfer is easy when compared to getting first time h1B. However considering you qualification its difficult to say. However you can still get sufficient documents and try for an transfer. If you get RFE , you can then decide weather to gohead with transfer or not.

    USCICS receive thoudands of application and i am sure they won't be willing to listen to your story.

    My 2 cents...its illigal not to give pay stubs to employee. learn the rules from DOL website and you threaten the employer. I am sure employer he will bend as he will have to close the consultant if you report to USCICS about the this.

    Good luck





    nirenjoshi
    03-16 10:12 AM
    I'd like to see expert/legal opinion, but from my limited understanding -
    if you continue to maintain the same address, work at the same company, the official looking at your I-485 application would have no reason to assume anything had changed.
    And so you should get your application approved when your PD is current.
    However, in case the officer decides to verify, he could send a RFE for Employment Verification Letter. At that time, it could potentially cause problems.. Will your company send a letter that yes you are still working there and performing the same duties as mentioned in your application? Or will they mention that your job profile has changed?
    These questions are moot if you dont get a RFE and I would think chances of RFE are low if you dont change your address.

    Others, please chime in...





    xyzgc
    12-08 08:36 PM
    be careful man! don't spread false info before bothering to check twice...!:D

    I am tempted to call you retarded, but I won't do that. I know its a slip.



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